Sony Goes After a Podcast for Making a Parody

This was from Drew Koehler, host of Hardcore Christian Gamer podcast. A couple of weeks ago, Drew got a karaoke track of Neil Diamond's "Hello Again" and made a parody called "Halo Again". A listener of the podcast made a video using Halo footage, and the parody song and put it up on You Tube. Another listener sent an e-mail through a website to "Neil Diamond". A representative of Neil Diamond (or the artist himself which isn't confirmed yet) got that e-mail and did not appreciate the parody of the song. The information was given to Sony and the story unfolded from here. This is the original post by Drew from Christian-Gaming.com .

Drew has spoken to Sean Melia (Director of Business Affairs and Licensing at Sony ) on the phone and hopefully he will update us with more information soon. We do know that Mr. Melia threatened Drew over the phone with litigation, siting the e-mail as "just a courtesy". Hopefully, this story gets out there and the word is spread. For more information go to http://www.christian-gaming.com

Sony just sent a Cease and Desist order to the Hardcore Christian Gamers Association for doing a parody of a song by Neil Diamond called "Halo Again".
The song did not use Neils Lyrics nor did it use his actual music yet the Cease and Desist order was posted and we were told to take down the video on Youtube as well.

Here is the letter that was sent:

Dear Mr. Koehler,

Sony/ATV Music Publishing, on behalf of Stonebridge Music, is the exclusive administrator of 100% of the musical composition entitled “Hello Again” (Diamond, Lindgren) (the “Composition”). It has recently come to our attention that you have created a parody version of the Composition entitled “Halo Again” (the “Parody”) and have subsequently distributed the Parody as a download via your website www.christian-gaming.com (the “Site”) and as part of a video currently streaming on YouTube (the “Video”).

Please be advised that your unlicensed and unauthorized use of the Composition constitutes a serious infringement of Stonebridge Music’s copyright. Demand is hereby made that you immediately cease and desist from streaming and/or distributing the Parody and the Video, via the Site or otherwise, and destroy all copies of the Parody and/or Video in your possession. Failure to comply shall result in Sony/ATV pursuing any and all remedies available to it including, without limitation, litigation.

The foregoing shall not be deemed to limit or prejudice Sony/ATV or Stonebridge Music’s rights, all of which are specifically reserved.

Sincerely,

Sean Melia

Director

Business Affairs & Licensing

Forgive this post going to a blog. The Geek Media's own website can't handle the traffic that is coming from this. Sorry about that everyone.

The Digg Podcasting Problem.

Written by : Candace Holly for The Geek Media

The Digg podcasting area is a flawed system. I like Digg. I am a Digg user as well. But, when I want to find new podcasts, Digg is not the place to find them. You can not find new podcasts on Digg. Here's a few reasons why I feel that Digg needs to improve it's podcasting area.

New podcasts submitted to Digg.com's podcasting area are never seen by the public. There is no way for Digg users to find a new podcast with 0 or 1 diggs unless they search for it and hope the description contains that word or, the podcasters themselves ask for Diggs. Many podcasters do not even submit their feed to Digg.com

Which brings me to my second point. There are many podcasts listed on Digg.com with a very low number of diggs. The podcasts themselves get thousands of subscribers and downloads. One in particular is a web development podcast who mentioned on their show they received in excess of 10,000 downloads that week. On Digg.com they have less then 20 diggs. Another show I know of is a smaller gaming podcast with over 2,000 downloads a week. On Digg.com they have less then 20 diggs. There is a podcast on Digg that I listen to with over 100 diggs but, they only receive 1,500 downloads at the most. However, everytime they are on the air, they beg for diggs from their listeners which caused them to get the notoriety on digg.com.

A third reason is, podcasts never "fall" off of the pages. On the front page of Digg's podcasting area, there is a show listed that has not been produced since October of 2006. The hosts of that show have said they will no longer be producing it (unfortunate as that is because it was a good show). That show is still on the front page and, other shows are pushed down the list as a result. Which keeps users on Digg.com from seeing the other podcasts available.

And my fourth (and last) reason for this. Digg.com's podcasting area only shows you podcasts that are on the front page or, happen to get on the up and coming list. The up and coming list shows podcasts that get a certain number of diggs within a certain amount of time. Once they get too many or too little, they are taken off of the Up and Coming area and fall into the pages of podcasts on Digg.com.

There are many well-known and popular podcasts (within certain genres and circles)that can not even be found on Digg.com . Digg is a great way for a podcaster to get extra exposure but, it is not the end-all-be-all of podcasting popularity. It is also not a very social place (unlike the news area of Digg).

If I want to find a new music podcast, I will have to search through the pages to find one. The ones on the front pages are ones I've already checked out. Maybe I'll happen to find one with a title that piques my interest on the up and coming area. If I don't, I have to rely on a search or, going thru the 85+ pages of the music podcasting area.

Why can't the podcasting area be more like the news area? News is cycled constantly. You can sort by the latest news or the most popular. You can sort by day, week, month and even year. The podcasting area has nothing like that. So, a lot of the "social" aspect is taken out. No offense to the creators of Digg (because it is a great site) but right now the podcast front page looks like a big advertisement for Digg Nation, TWIT and Revision 3 . Don't pound me guys, we all know I'm a big fan of Leo Laporte!

Still, when I go on that page, I'd like to see some new podcasts. Some of the latest added. What about podcasts that got a lot of diggs that day? Or, I'd like to be able to say "Ok I want to see what podcast is up and coming in the last week. Let's sort it out." Those options don't exist.

Bottom line? The Digg podcasting area needs some work. It's a great way for podcasters like me to get extra exposure. Every day, I see at least two or three new downloads come off of Digg.com . That adds up and it's great! But, if I want to find a new podcast? I won't be able to easily at all. I'm better off searching podcast pickle, podcast alley or iTunes.

My final say on this? Digg.com is a wonderful social news site. I can always support my friends by finding them on Digg and giving them a new digg in hope they get on their category's up and coming area. The podcasting area of Digg is in Beta. So Digg, I've done the beta testing and I see issues. I am not the only one either. Other podcasters have said the very same thing to me but not one of them has voiced it. I want to see Digg's podcasting area as "social" as the news area. I want to find new podcasts, I want to see who's getting up there and who just came into the fold. I want to know what's up in the podcasting world as well.

An update: Saturday, September 22, 2007.
Oh my goodness! We're getting dugg! I'd like to point out many of the comments to this story on digg are people who have written similar feedback to digg. One in particular is "anaesthetica" who wrote a very well written letter to digg. They are the first reply to the first comment. It seems we aren't the only people who feel this way. Keep writing those letters everyone! It looks like a lot of us feel that the podcast section needs to be a bit more social and a bit less of a popularity contest!

Second update: Sunday September 23, 2007.
Wow. 768 diggs and counting. This is awesome! The community has spoken. Though we are loving the comments and feedback, we can't do anything for you guys. We don't work for or with Digg, we don't even have a friend of a friend of a brother's cousin who works for Digg (we just end up with Kevin Bacon then). Your guys' ideas are wonderful so, give them to the right people. On the "contact" area of Digg, the e-mail address is listed as; feedback@digg.com . E-mail your ideas there. Give them good, constructive feedback. It obviously gets a response!

Being a machinima artist

Kam Uraki of Baka Savants , gave us insight on what it is like to be a budding machinima artist

Being a machinima maker is hard to summarize in just a few words. It's a lot like being a real film maker in some ways. It's a great outlet for creativity. It allows you to improve upon your writing, acting, and editing skills. And its very rewarding when people enjoy what you do. It can also be maddeningly frustrating at times. It's an art form in its infancy. As such, not everyone has mastered it yet. Every group that makes machinima struggles with it in some way or another, be it dealing with the mechanics and limitations of the game engines, or the scheduling of actors, and challenges of acting. And if you know someone who doesn't, let me know so I can go learn all I can from them... and then kill them for being such a smart-ass... Ahem, I digress...

One of the frustrating aspects of machinima is that success is very hard to gauge at times. There are groups like Rooster Teeth, Oxhorn, Rufus Cubed, etc. who have had incredible successes in the field. Their shows have been seen by millions of people around the world, and have to duck and cover from all the opportunities being flung their way. Others try very hard with a concept they think should soar to the top of everyones favorites on You Tube, only to see it get a hundred clicks at best. My own group has been lucky enough to reach the "middle of the pack", as I like to call it. We get around 35,000 hits an episode on average, which is a decent number (though not as high as I'd like).

So why the huge gap? Well if I knew that, I'd be a lot further along than I am today. But like I said, it's an art form in its infancy. There isn't a scripted format that people can follow, like there is in television, or radio, or movies. Its up to the creators of machinima to figure out what works and what doesn't. What grabs people, and what people are just going to pass by.

- Kam Uraki

Illegal Danish Not Included; A Sit-down with Clint Hackleman.

Written by: Menuet

I recently had a Q&A session with Clint Hackleman, of Myndflame Machinima. Myndflame is one of the most recognized machinima companies today and, one of the few who feel that machinima could become a lucrative form of entertainment. It was interesting to know what Clint had to say on this subject.

Leading a person to believe machinima could become a form of entertainment that could rival CGI animation“big boys” is very difficult to do. However, after listening to Clint talk for just a few minutes, my mind began to see the vision he painted of machinima making it on the big screen. Maybe Clint Hackleman and his support network of machinima makers (all of them can be found at myndflame.com) have more potential the most would give them credit for.

TGM: Tell me a little bit about your involvement with machinima and how it's progressed since you first started.

Clint It’s been almost two and a half years and one wild ride. The WoW community certainly doesn’t represent the entire Machinima community, but I feel like we’re the tightest bonded group of producers out there. We’re all working together closely and most of us have had long conversations online and in person. This collaborative effort has certainly paid off as we’ve all impacted each other’s work and seeing the growth and improvement of the genre has kept us motivated. Larger affiliates are taking notice, game companies are getting involved, and we’re just beginning to unravel what will be a massive revolution in game-based entertainment.

TGM:How do you feel having such large companies working with you?

Clint It’s amazing because it has taken an incredible amount of perseverance to build these kinds of relationships. We haven’t just been out hunting for financing, but instead have built affiliations with partners that are interested in seeing Machinima grow and share a similar vision to our own. With a powerful network working with us, we’ve been able to help companies respect the art form and realize its value in more ways than we even envisioned.

TGM:Can you talk openly about any of your Affiliations? If so, what can you tell me?

Clint Henry Lowood from Stanford University has talked with us several times about his research studies in Machinima and we’re looking forward to working with him in the future. Though we don’t have any active agreements with Xfire, their long-term support has had a great impact on all Machinima producers. Ideazon has shown great interest in supporting us as well as our affiliated producers, and Games Media, XFX, Movie Storm, Voig, Gameriot, WoW Insider, and many others have all come to us to show their support. Many new opportunities are on the horizon.

TGM:You recently went to Dragon-Con and spoke on the machinima panel there. How was that?

Clint Christina Rollins organized the first ever Machinima panel at Dragon*Con and I felt very fortunate that I was invited to speak with Matt Kelland from Movie Storm in front of a lively audience. We discussed our experiences in Machinima as well as helped the attendees understand how much potential there is in the emerging genre. Matt introduced the brand new book “Machinima for Dummies” written by Hugh Hancock and Johnnie Ingram and we cited other great resources to learn more about Machinima. I’m looking forward to next year’s panel at Dragon*Con and hope to see many more chances for the community to educate and discuss Machinima with the public, producers, software and game developers at conventions around the globe.

TGM: Did you make any great contacts at Dragon-Con that you can talk about right now?

Clint WoW Insider was there to cover the event and I talked with them briefly as well as Matt Kelland, Christina Rollins and I who had a lengthy discussion over lunch to share ideas. It looks like we’ll be following up with Movie Storm and possibly working with them to promote and help develop what looks to be one of the most innovative applications for the next generation of Machinima producers.

TGM: Did you get any good autographs or, make any amazing contacts? I'm sure the uber geeks want to know. Heck, we all want to know.

Clint George Lowe, the infamous voice of Space Ghost and C. Martin Croker from Aqua Teen Hunger Force was there and I made sure to get a personalized autograph from both of them. I talked to both about Machinima and even convinced George Lowe to pass me his contact information in case we’d like to inquire about an appearance in a Machinima movie. C. Martin Croker requested a Myndflame business card and promised me he would watch the movies on our website. Michael Winslow, better known as Larvell Jones in “Police Academy” was playing with Gizmo and Gremlin dolls (which I wasn’t sure whether I was supposed to be entertained or intimidated at the time). I also saw Lou Ferrigno (The Hulk), David Prowse (Darth Vador), and the entire Mythbusters cast. David Faustino, the actor who played Bud Bundy from “Married with Children” was by far the most pathetic actor there, still leeching off his role in the now very dated series. What does he do now anyway?

TGM: We're all aware I hang out on your forums and in your community chat room. I heard a rumor about some kind of tour and Myndflame, can you tell more about this?

Clint I just got back from Santa Ana to create a video for Phase 1 of the XFX Challenge, a mobile game tournament sponsored by XFX, nVidia, Newegg, and many others. We’re now working with them as the official production team managing a series of videos we’ll capture during a month long tour bus ride that will travel the west coast through a series of LAN centers where the participants will either win cash, prizes, and become a member of the XFX Team, or lose their spot on the bus during weekly King of the Hill challenges. It begins this October in Los Angeles and ends at Dreamhack in Sweden.

TGM: One more thing going along with affiliations. How do you feel about the World Series of Video Games being pulled since you have been working with them?

Clint It was definitely disappointing to see the WSVG go. Having attended the Dallas event, it was very well organized and obvious that the staff had high hopes and was dedicated to the growth of professional gaming. We were planning a Machinima Cinema to take place on the floor of the 2008 WSVG stops which has now been cancelled. Opportunities like this come and go, and we didn’t take it personally.

TGM: Is this going to affect you in a negative way or, is it just opening a door for a new opportunity?

Clint I don’t believe it has affected us negatively. We work with the WSVG’s parent company who has expressed their intentions to stay involved with Myndflame and help us grow. I think other opportunities will take its place and this gives us more time to focus on current projects. Our schedule was getting pretty packed up for 4th quarter and it’s actually a relief now that we’ve gotten to drop the Machinima booth from our agenda.

TGM:Alright, enough pumping for that type of information. I promise. What is coming up for Myndflame in the near future?

Clint More than anybody is aware of. One of the least known facts about our organization is that we are very active in the business aspect of Machinima on all levels. Though this has been directly related to delays in our Machinima productions we’re not happy about, it’s a necessary investment of time we’ve used to build a network of producers and partners that will be assisting us in massive projects which we intend to help ALL Machinima producers, small and large to obtain resources and support for their future productions.

TGM:You have a lot of passion for machinima, where do you see it going in one, two, three years?

Clint It’s hard to describe all the opportunities opening up for Machinima producers. It’s a gateway into the film and entertainment industry as well as a potential stand-alone career for independent producers that really aspire to stay involved. Many will be hired by game and software developers as others pave the way for the next generation. In three years, I see hundreds, even thousands of careers opening up as game-based entertainment continues to explodes into the mainstream.

TGM:A lot of hobbyist machinima makers are coming out of the woodwork, what is your one piece of advice you would give them?

Clint If you enjoy the work that you create, whether it reaches a hundred, a thousand, or a million viewers, follow your passion. There is room for innovators of all kinds, and your ideas may have a global impact on how this genre develops.

TGM: Now the fun part, what is your personal favorite machinima you made?

Clint “Epic Flight Form” has to be one the most bizarre projects we’ve created. After spending hours writing the script, I walked up to D.W. and said “Boomkin! With the power to destroy creatures in a single blow!” I immediately realized everything I’d written was garbage. I deleted it and wrote that single line, that’s when the rest turned into a ridiculous satire of the druid class. I must have laughed for 5 minutes straight when Spiritwolf sent me the picture he made of “Epic Flight Form”. “Duel Plasma Cannons!”

TGM: I can't help going back to your affiliations. Sorry, I know I promised to stop pumping for information but, it's such great news. I want to hear more about it! Do you see machinima coming an integral part of conventions and gaming events?

Clint Yes! And I don’t want to just see one dominating force representing the vast art of Machinima (*cough* RvB). There should be producers and developers from all over the world of all ages sharing ideas and collaborating. If we’re going to grow, we should all work to grow together.

TGM: Alright, now I am done I promise. Fun questions time. You've gone out to a few conventions. Tell me one of your craziest stories during an adventure out with the other people in the world of machinima.

Clint In 2006 we were invited to attend a Machinima conference at Stanford University hosted by Xfire. After the event we went out to the bar with Frederic and Matt from Xfire, Jun from Stone Falcon Productions, and Ezra and Terran from Rufus Cubed. After some crazy conversations and karaoke the rest of the crew crapped out for the evening, leaving us with Rufus Cubed. We proceeded to shut the bar down, and then went over to the grocery to get more beer. After wandering around aimlessly, Ezra decides of all foods he’s going to buy an entire loaf of sourdough bread. Well I’ve never had this California “treat” before, and it was disgusting! But they ate the whole damn loaf! We spent the rest of the night in our hotel room drunkenly talking about Machinima. You just can’t have drunken talks about Machinima here in the Midwest.

TGM: Now, tell me about a time that made you really feel like "This is it..I'm doing a good thing here." ?

Clint At Blizzcon 2007, nine Machinima teams were invited, and all nine were there. Stone Falcon took grand prize, Oblivious Films got first in comedy, and Oxhorn took home second in Action/Adventure at the movie contest. I’ve watched all three of those producers since they created their first WoW movie, and all three are active in the Myndflame community. I couldn’t have felt prouder being a part of a community that has helped to influence and support one another like we have over the years.

TGM: Let's not forget about your music, you do some wonderful electronic music and I'm definitely a fan. Is your music a large part of Myndflame?

Clint Music was my first real hobby, and I’d never written an orchestral track until I created the “Zinwrath Theme”. Scoring music for these movies has been challenging and one of my favorite inspirational tools. Knowing that our viewers have enjoyed it enough to download and buy it is a great compliment. I think it is a large part of Myndflame, and I hope I can always find the time to stay involved in the creation of the soundtracks for our movies.

TGM: Now, plug your self...because you can here. how do we go about getting your music and your machinima?

Clint Our main site is www.myndflame.com which has all of our movies as well as those from our affiliated producers. You can purchase the music on www.myndflame.net or become a “Club Thrall” member on www.myndflame.com and have unlimited access to all the music I’ve written so far in MP3 format.

TGM: Clint, thanks so much for hanging out with us. It was awesome to get to interview you for a little bit. I've been looking forward to hashing some things out with you for awhile. I'd like to ask one last question before we finish for now and, it's a fun one. If you could choose any actor to make a cameo or even do a part in one of your machinima, who would it be and why?

Clint That’s tough because there’s so many actors I’ve been inspired by. If I had my choice of actors to work with, I’d probably cast everybody involved in Aqua Teen Hunger Force, Harvey Birdman, Sealab, and The Brak Show. Some other actors I’d love to work with would be Will Ferrel, Dom DeLuise, James Earl Jones, Eddie Murphy, Dan Aykroyd, and Adam West. If I could have lunch with a few famous people, I’d pick Seth MacFarlane, Conan O’Brien, and Matt Groening.